Immigration Crisis – Page 218 – immigrationcourtside.com

NY TIMES: John Kasich and Jeb Bush Jr. SPEAK OUT IN FAVOR OF SALVADORAN FAMILIES — TRUMP ADMINISTRATION’S DECISION TO TERMINATE TPS “A BAD IDEA!”

https://www.nytimes.com/2018/01/11/opinion/kasich-bush-immigration-salvadorans.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=0

Kasich & Bush write in the NY Times:

“Immigration has become one of the most polarizing issues of our day. But it is worth remembering that this century opened with a tale of family and migration that was as contentious as many of the stories that punctuate our current debate: the case of Elián González.

In November 1999, when Elián was 6, he left Cuba in a small boat with his mother, who was seeking a better life in Florida. She and 10 others died when the boat sank in a storm. Elián survived by clinging to an inner tube. Courts eventually ruled that he must return to his father in Cuba rather than stay with relatives in Florida. He remains there to this day.

Regardless of your views of the underlying legal arguments in the case, the image of a small, frightened boy being pulled from the arms of a sheltering adult by a team of heavily armed federal agents remains seared in the minds of many people as a low point in the immigration debate.

Brace yourself for the possibility of seeing this kind of scene again.

As Republicans, whose party has consistently and rightly advanced policies to support the essential role of families in America, we are deeply troubled by the harm that is about to be done to hundreds of thousands of families that have legally called America home for more than two decades.

In the wake of the 2001 earthquake in El Salvador that claimed more than 1,000 lives and destroyed 100,000 homes, the United States allowed hard-hit families to live and work in America. This merciful act was one of many that America took to relieve the suffering of a natural disaster in one of the hemisphere’s most troubled, impoverished nations.

Now, after almost two decades, the nation that showed that kindness is poised to revoke it and force approximately 200,000 Salvadorans to leave the United States, even those whose children are American citizens. (Together, they have about 190,000 American-born children.)

It is wrong to potentially break up so many families that have for so long made the United States their home — legally and at our invitation.

When prioritizing the immigration problems we face, the case of 200,000 Salvadorans who accepted our invitation to live and work here legally would not even make a top-10 list. The biggest challenge is, of course, securing the border. It must be done. Continued illegal migration across the southern border and the often-related criminal activity involving drugs, human trafficking and undocumented, unregulated labor is unacceptable.

Second, of course, is what to do with the 10 million to 15 million undocumented immigrants who arrived over the past several decades and who have become part of American life — and who, let’s be honest, will not and should not be forcibly removed. Congress and the president can and must act now to resolve these problems.

As our leaders try to devise durable, humane solutions to the most urgent immigration issues, it is a mistake to think the right approach is to look backward, relitigate nearly 20-year-old decisions and break up families. In fact, the action against Salvadoran families is so problematic that it is hard to see how it will not hinder efforts in Washington to find common ground on immigration.

Another of our challenges is how to deal with the 800,000 undocumented immigrants who were brought to the United States with their families when they were children. The uncertain status of these “Dreamers” is not of their own making. Though they were not born here, they know no other home than America. They grew up, studied and work here. They are largely models of the assimilation we seek for all immigrants. Congress can and should move quickly to send President Trump legislation providing a common-sense resolution to their situation so that they can continue to thrive here as part of the American dream.

One of our party’s, and the world’s, greatest leaders, Ronald Reagan, was also a passionate and articulate advocate of strong families. H e once said: “The family has always been the cornerstone of American society. Our families nurture, preserve and pass on to each succeeding generation the values we share and cherish, values that are the foundation for our freedoms.”

Singling out Salvadoran families for separation is simply a bad idea that should be dropped. If we believe America is made stronger by families, then let’s do everything we can to strengthen all the families who choose to call America home. At the very least, the federal government should not become the instrument for attacking them.

We must instead take up the actual immigration challenges we face in a humane, responsible way that protects American interests and jobs.

WASHPOST: “Trump attacks protections for immigrants from ‘shithole’ countries in Oval Office meeting”

https://www.washingtonpost.com/politics/trump-attacks-protections-for-immigrants-from-shithole-countries-in-oval-office-meeting/2018/01/11/bfc0725c-f711-11e7-91af-31ac729add94_story.html

Josh Dawsey reports for the Washington Post:

“President Trump grew frustrated with lawmakers Thursday in the Oval Office when they floated restoring protections for immigrants from Haiti, El Salvador and African countries as part of a bipartisan immigration deal, according to two people briefed on the meeting.

“Why are we having all these people from shithole countries come here?” Trump said, according to these people, referring to African countries and Haiti. He then suggested that the United States should instead bring more people from countries like Norway, whose prime minister he met Wednesday.

The comments left lawmakers taken aback, according to people familiar with their reactions. Sens. Lindsey O. Graham (R-S.C.) and Richard J. Durbin (D-Ill.) proposed cutting the visa lottery program by 50 percent and prioritizing countries already in the system, a White House official said.

A White House spokesman declined to offer an immediate comment on Trump’s remarks.

. . . .

Graham and Durbin thought they would be meeting with Trump alone and were surprised to find immigration hard-liners such as Rep. Bob Goodlatte (R-Va.) and Sen. Tom Cotton (R-Ark.) at the meeting. The meeting was impromptu and came after phone calls Thursday morning, Capitol Hill aides said.”

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Read The complete article at the link,

So much for the concept of a “Stable Genius” in the White House.

Also, so much for the claim that we don’t have a racist in the White House. Actually, Haitian and African immigrants have contributed far more to the success of America than Trump and his family ever will!

PWS

01-11-18

NEWS FROM THE NEW DUE PROCESS ARMY (“NDPA”) – MICHELLE MENDEZ AT CLINIC REPORTS HIRING OF THREE NEW LITIGATORS!

My friend and NDPA stalwart Michelle Mendez over at CLINIC reports thei hiring of three new immigration litigators to assist in the battle to keep the Trump Administration from trampling the Due Process rights of immigrants (and others):

“We are thrilled to announce the addition of three outstanding advocates to our Defending Vulnerable Populations team within CLINIC’s Training and Legal Support Program:

Georges Francis, Senior Attorney

Rachel Naggar, Remote Legal Teams Project Attorney

Vickie Neilson, Senior Attorney

Georges Francis obtained his J.D. from Florida International University where he previously obtained a B.A. in business administration. He was compelled to attend law school after volunteering at the Krome Detention Center where he witnessed the disparate treatment of Haitians in removal proceedings and the hardships all ICE detainees and their families endured while trying to navigate the complicated immigration court process. Since graduating from law school and prior to CLINIC, Georges served as managing attorney for Catholic Charities Legal Services of the Archdiocese of Miami from 2006 to 2017. There, he gained over 11 years of experience litigating and managing detained and non-detained removal cases. Georges is fluent in Creole, proficient in French, and speaks basic Spanish. He is a member of the New Jersey bar and will be working remotely initially from Coral Gables, Florida and then from Charlotte, North Carolina where he will represent CLINIC in the Center of Excellence collaboration.

Rachel Naggar holds a B.S. in Family Studies from the University of Maryland, College Park and a J.D. from Boston College Law School. During law school, Rachel was a summer clinical fellow at the Harvard Legal Aid Bureau. Rachel then worked as a staff attorney at the Florence Immigrant and Refugee Rights Project in Arizona from September 2009 to May 2011 before transitioning to the Neighborhood Defender Service of Harlem in the Immigration Defense Practice from June 2011 to June 2015. Thereafter, Rachel was an associate attorney Glickman Turley LLP handling immigration and criminal matters, including federal criminal appeals, and then a staff attorney at Project Citizenship. She is a member of the Maryland and Massachusetts bars. Rachel will represent CLINIC in a new pilot project in collaboration with AILA and American Immigration Council’s Immigration Justice Campaign. She works remotely from Brookline, Massachusetts.

Vickie Neilson has worked as the Legal Director of Immigrant Justice Corps, an immigration legal fellowship program that seeks to expand the quality and quantity of immigration legal services, since 2014. Vickie has also worked in the Office of Chief Counsel of USCIS Refugee and Asylum Division, as the legal director of Immigration Equality, and as the legal director of the HIV Law Project. She has taught as an adjunct professor at CUNY School of Law and New York University School of Law. Vickie is the Chair of the Immigration Committee of the New York City Bar Association and is a member of the American Immigration Lawyers Association where she is co-chair of the AILA New York Ethics Committee and a member of the National Asylum Committee. She is the editor and co-author of Immigration Law and the Transgender Client, and is a contributing author to AILA’s Guide to U.S. Citizenship & Naturalization Law. She is a graduate of CUNY School of Law and Harvard University. She is admitted to the New York Bar. Starting February 26^th, she will work remotely from Pleasantville, New York.

And, if you know anyone who may be interested in joining our team as the E-Learning Program Developer, send that person our way! Thank you!

Gratefully,

Michelle N. Mendez

Training and Legal Support Senior Attorney

Defending Vulnerable Populations Project Manager

Catholic Legal Immigration Network, Inc. (CLINIC)

Mailing Address: 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910

Physical Address: OPD, 217 E. Redwood Street, Suite 1020, Baltimore, MD 21202

Cellular Phone: 540.907.1761

Fax Number: 301.565.4824

Email: mmendez@cliniclegal.org

Website: www.cliniclegal.org

Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs.”

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Congrats to all! And thanks for joining the (unfortunately) never ending battle to force the U.S. Government and this Administration to live up to the Due Process Clause of the U.S. Constitution! What if we had a Government that actually believed in and followed the Constitution for vulnerable migrants and everyone else in the United States? Now, THAT would be a “Great America!”

PWS

01-11-17

THURSDAY AM DACA UPDATE: WASHPOST SAYS DEMS SHOULD TRADE WALL FOR DREAMERS — TAL @CNN REPORTS ON THE “FOUR PILLARS” OF IMMIGRATION NEGOTIATIONS ON THE HILL!

https://www.washingtonpost.com/opinions/take-a-deal-for-the-dreamers-build-the-wall/2018/01/10/d02a5c06-f640-11e7-beb6-c8d48830c54d_story.html?utm_term=.276f11c859c2

“By Editorial Board January 10 at 7:21 PM

PRESIDENT TRUMP says he is optimistic a deal can be struck to shield “dreamers,” the young undocumented immigrants whose lives he put in jeopardy by stripping them of work permits and deportation protection, beginning March 5. His price, and that of many Republicans, is up to $33 billion in border-security measures, including Mr. Trump’s “beautiful” wall.

If that’s the deal — not one freighted with a laundry list of other items on the GOP wish list — Democrats should take it.

Granted, Mr. Trump once told Americans that a border wall, paid for by Mexico, would cost $4 billion. After that, he said $6 billion or $7 billion, and later $10 billion. Now his administration says it’s really $18 billion for 722 miles of wall, of which just 316 miles would be a brand-new structure along the 2,000-mile southwest frontier. Oh, and Mexico’s credit card seems to be missing.

The wall is a dumb idea. It won’t do much to suppress illegal border crossings, which in any event have been falling for decades. And the additional border-security spending proposed by the administration, including thousands of new Border Patrol agents, is largely a waste. Rather than seriously addressing the opioid epidemic, or mounting cyberwarfare threats, or America’s crumbling infrastructure, the president wants to fortify a border where illegal crossings, as measured by Border Patrol apprehensions, are already at their lowest point since the Nixon administration.

But consider how rare it is that a dumb idea in Congress actually buys something smart in return. In this case, the return on that dumb idea would be huge. (And betting that the courts will save the dreamers is too risky, notwithstanding a federal judge’s ruling Tuesday freezing dreamers’ protections — for now.)

The wall’s $18 billion price tag would be spread over a decade. If a few billion dollars annually is the trade-off that provides certainty — a pathway to citizenship or permanent legal status — for nearly 700,000 young immigrants brought to this country as children by their parents, it’s worth it. Because the alternative — all those lives ruined, all those jobs lost, all that education and promise cut short — is much worse.

Democrats who choke on the wall, loath to hand Mr. Trump a political triumph, might ask themselves what other deals they might strike that would do so much tangible good, for so many people, so immediately — and at such a relatively modest price. The likely answer is: very few.

Some Republicans are angling for more than half a loaf. Using the dreamers as hostages, they want to decimate legal immigration, slash family reunification visas and dissolve the lottery system that provides visas for people from Africa and other regions that generate relatively few immigrants.

Those measures would inflict real harm on real people. By contrast, spending billions on border security, while profligate, has enjoyed bipartisan support in the past. In 2006, many prominent Democrats, including then-Sens. Hillary Clinton and Barack Obama, voted for 700 miles of fencing at the southwest frontier, albeit at a time when illegal crossings were more than three times greater than they are today.

Many in Congress may have lost the muscle memory required to strike a compromise, but here’s a reminder: In politics, as in life, compromise is often painful. That doesn’t mean you refuse it.”

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Meanwhile, over at CNN, Tal and her colleague Ashley Killough file the following reports:

“Lawmakers compete to carry President’s mantle on DACA as talks continue

By: Tal Kopan, CNN

If the “four pillars” that emerged out of the White House immigration meeting spurred anything Wednesday on Capitol Hill, it was a fresh PR strategy.

A variety of competing factions continue to pursue their proposals on resolving the Deferred Action for Childhood Arrivals program, a policy President Donald Trump is seeking to end that protects from deportation young undocumented immigrants who came to the US as children.

As the lawmakers touted their proposals Wednesday, though, they made an effort to explain just how their own push is the one that meets the President’s wishes — even as all of them took different approaches. The marketing underscored how essential Trump’s approval is to any deal — and how much lawmakers believe he can still be convinced.

The White House meeting settled on four check boxes for Trump’s signature, although he told lawmakers he’d sign whatever the group came up with:

A fix for DACA recipients.

Money for border security.

Dealing with “chain migration” or family-based sponsorship.

Ending the diversity lottery.

As lawmakers sought to fill in the details Wednesday, they made sure to explain how their proposals related to the President’s guidelines.

More: http://www.cnn.com/2018/01/10/politics/daca-latest-talks/index.html

Here are the key players in Congress on immigration

By Ashley Killough and Tal Kopan, CNN

As President Donald Trump led the widely-televised bipartisan meeting at the White House on Tuesday, he was surrounded by a flock of lawmakers from both parties and both houses of Congress.

A massive issue like immigration has many competing interests at stake, drawing in groups of lawmakers who work on competing proposals

In just one effort to streamline the process, the four second-in-command congressional leaders — Senate Republican Whip John Cornyn, Senate Democratic Whip Dick Durbin, House Majority Leader Kevin McCarthy and House Minority Whip Steny Hoyer — got together Wednesday afternoon to try to sort through the efforts.

“We are not going to default to existing groups. There were too many groups to count and they were basically getting nowhere,” Cornyn told reporters. “So that’s why, I think, the need to move to this level.”

But Sen. Jeff Flake, a Republican member of another group, says it’s his “Gang of Six” that’s leading the way. “Somebody has to put forward a document. Somebody has to put forward a bill,” he said. “That’s what we’re doing.”

A variety of formal and informal groups are still meeting and doing their own work, some designed to find the middle ground and some designed to pull talks to the left or right. Here’s a look at the key players across the political spectrum that have taken the lead.

More: http://www.cnn.com/2018/01/11/politics/key-players-immigration-congress/index.html”

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I’ve been saying for some time now that a “Wall for Dreamers” deal might be the best the Dems can do. As the Post points out, although the “The Wall” probably is “overkill” in terms of border security, at least the money gets us something in return: the Dreamers are one of our country’s most valuable assets. People over “things.” Or, as we used to say in college, “nothing gets broken, no-one gets hurt.”

Whether or not the “deal” outlined by the Post is actually out there to be “closed” remains to be seen. It apparently would only address two of the four “pillars” described by Tal and Ashley. That seems entirely reasonable to me; but, of course, I’m not one of the negotiators. And, Trump said he would “sign anything that Congress sends him” on the topic.

PWS

01-11-18

ADMINISTRATION PANICS AS BORDER ARRIVALS (NOT SURPRISINGLY) CONTINUE TO RISE – BUT, CLAIMS OF AN “EMERGENCY” ARE TOTALLY BOGUS! – TAL @ CNN REPORTS!

http://www.cnn.com/2018/01/10/politics/border-crossings-up-trump-effect/index.html

Tal isn’t just following DACA. She “does it all” when it comes to migration. Here’s her latest report:

“Trump admin grapples with rise in border crossing numbers it once touted

By Tal Kopan, CNN

The Trump administration is pointing to a recent uptick in illegal border crossings as evidence that it needs more authority — even as it continues to tout a longer-term decrease as proof of the effectiveness of its policies.

Illegal entries to the US have risen substantially over the past few months.

In a rare statement on its monthly report of apprehensions and rejections at the border, the Department of Homeland Security on Tuesday both praised the numbers and said work remained.

“The final border apprehension numbers of 2017, specifically at the southern border, undeniably prove the effectiveness of President Trump’s commitment to securing our borders,” said DHS spokesman Tyler Houlton, noting the numbers over the last year were 40% below the final year of President Barack Obama’s tenure.

But, Houlton said, the recent increase spelled trouble.

“The significant increase over the last month in the number of family units and unaccompanied children coming across the border illegally highlights the dire need for Congress to immediately adopt responsible pro-American immigration reforms. … The Secretary will require fixes to these loopholes as part of any immigration package negotiated (in a meeting Tuesday) at the White House.”

After a sharp drop in the number of undocumented immigrants attempting to cross the border at the beginning of the Trump administration, the President and his administration frequently cited the low numbers as evidence that Trump’s immigration policy works.

But starting in the summer, crossings began to again approach historic levels. With 40,513 apprehensions and rejections at the southern border in December, the total numbers are behind fiscal years 2016 and 2017, but surpass crossings in fiscal years 2013, 2014 and 2015.

The administration has employed aggressive rhetoric and spoken consistently about securing the border and cracking down on undocumented immigrants in the US. Arrests by Immigration and Customs Enforcement are up — but little has operationally changed at the border and deportations last year lagged behind the last year of Obama’s presidency.

Trump is pushing for aggressive policies as part of a deal to protect the Deferred Action for Childhood Arrivals program, as conservatives argue that allowing undocumented immigrants a path to citizenship will only add incentives for potential illegal crossings in the future.”

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We’re clearly dealing with “Amateur Night at the Bijou” here! Anybody with even passing familiarity with or competency in immigration policy would know better than to do the “victory dance” based on a couple of months of DHS enforcement data. It’s not like DHS is renowned for either the accuracy of its enforcement statistics or the depth and quality of analysis thereof.

First, and foremost, the increased arrivals of families and children from the Northern Triangle presents no real security issue. Most turn themselves in at the border or the nearest Border Patrol Station and seek asylum. Indeed, if anything, the unrelentingly negative rhetoric of the Trumpsters probably leads a few individuals who would otherwise turn themselves in or apply at the port of entry to try to get inland to avoid more or less mandatory detention.

Clearly, the driver here is conditions in the Northern Triangle, which continue to deteriorate, notwithstanding the absurd political determination by Secretary Neilsen that it was” A-OK” to send long term residents from El Salvador back there. The solution is definitely not more militarization of the border or more unnecessary and inhumane detention.

No, its a combination of 1) working to improve conditions that force folks to flee the Northern Triangle; 2) working with the UNHCR other stable countries in the Americas to distribute the flow more evenly among “receiving countries;” and 3) developing either a temporary refuge program or a more realistic, generous, and easily administered program to grant asylum, withholding, and/or relief under the CAT to those many who meet the legal requirements properly interpreted.

At bottom, there really isn’t much difference between these folks and waves of Cuban refugees whom we accepted, processed, and successfully integrated into our society with greatly beneficial results for both the Cubans and America.

Time to be done with the xenophobia and the racially-inspired bias against Central Americans fleeing for their lives. No, this Administration is unlikely to do that. And, that’s why the problems caused by irregular migration are likely to continue long into the future no matter how much “tough guy” rhetoric Trump or anyone else spews out and how much we spend on unnecessary border militarization.

Yes, there are real security and law enforcement problems at the Southern Border. For sure! But more women and children fleeing conditions in the Northern Triangle aren’t among them. If anything, the Trump Administration’s fixation on those who aren’t a real security problem deflects focus from the real problems of drug and human smuggling and the possible entry of those who would actually be risks to our safety and security.

PWS

01-10-18

DANA MILBANK @ WASHPOST: “DREAMERS” NEED TO “COOL IT” AND STOP ATTACKING THEIR ALLIES!

https://www.washingtonpost.com/opinions/dreamers-need-to-get-out-of-their-own-way/2018/01/09/85a999a4-f58b-11e7-beb6-c8d48830c54d_story.html?utm_term=.4494c7762a33

Milbank writes:

“Once again, the left is eating its own.

Democrats are in a good position as they negotiate with President Trump and the congressional majority over their legislative priorities for the next couple of months: children’s health care, nondefense spending, disaster relief and legalization of the “dreamers,” that group of immigrants brought here illegally as children. They also are within reach of retaking both chambers of Congress in November.

But the dreamers have decided to give the Democrats a rude awakening.

When lawmakers reached a short-term, bipartisan deal last month to keep the government funded, United We Dream, the organization leading the campaign to legalize the dreamers, launched an all-out attack on Democrats for failing to insist that Deferred Action for Childhood Arrivals legislation be included in the spending bill.

The group declared the 17 Senate Democrats who voted for the bill the “Deportation Caucus” and, in a social-media barrage, said they “voted to deport young immigrants.”

United We Dream also fired off a tweet praising conservative Sen. Mike Lee (R-Utah) “for voting NO on a spending bill that did not include a Dream Act. We see your commitment and we need you to continue fighting with young immigrants!”

This is bonkers.

Democrats — in and out of the supposed “Deportation Caucus” — support legalizing the dreamers. And Lee? His opposition to the spending bill had nothing to do with dreamers. He had called DACA “an illegal abuse of executive power.” Meanwhile, Trump, who created the artificial crisis by announcing he would end DACA, gets away with barely a scratch.

United We Dream deleted the pro-Lee tweet but continues to attack Democrats. There have been sit-ins and sometimes arrests at the offices of Democratic senators.”

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Read Milbank’s complete op-ed at the link.

I think he makes a good point. Yes, “Dreamers” have been disappointed by the Dems on many prior occasions. I get that.

But, legislation, particularly in an area as complex and controversial as immigration, takes time and some give and take. In many ways, “timing is everything.” I previously noted that right before the Christmas recess would have been a particularly inopportune time from the Dems to “draw a line in the sand,” particularly if there is still some chance of a bipartisan bill that the President will sign.

The Dreamers are surely deserving, but also in many ways fortunate that the Dems (and some GOP legislators) have now put their future as perhaps the number one “must do” on their agenda. They should be careful not to “blow it” by making life difficult for those committed to helping them.

PWS

01-10-18

WASHPOST EDITORIAL: TERMINATION OF SALVADORAN TPS IS GRATUITOUS CRUELTY ON PART OF ADMINISTRATION – All Pain, No Gain (In Fact, A Net Loss For Everyone)!

https://www.washingtonpost.com/opinions/a-new-self-inflicted-wound-from-the-trump-administration/2018/01/09/19db1190-f585-11e7-beb6-c8d48830c54d_story.html?utm_term=.bfcbf9ae8f07

“By Editorial Board January 9 at 7:46 PM

STRIKING A blow for making America small again — plus petty, callous and self-defeating — the Trump administration on Monday stripped about 200,000 Salvadorans of their work authorizations and protection from deportation, effective 20 months from now.

The move will create tens of thousands of new undocumented immigrants in the United States; aggravate labor shortages in some American cities; saddle one of the hemisphere’s most beleaguered countries with problems it is ill-equipped to manage; and embitter tens of thousands of U.S.-born citizens whose parents are suddenly thrust into a life in the shadows or forced to return to a country where they have no future.

At this point, it’s naive to wonder what has become of America’s humanitarian impulse; in the Age of Trump, it’s null and void. Before the decision Monday by Homeland Security Secretary Kirstjen Nielsen to send packing Salvadorans who have lived in this country since a pair of earthquakes crippled their homeland in 2001, the administration took identical action last year against citizens of the hemisphere’s two poorest countries, Haiti and Nicaragua, who have also lived in this country since natural disasters ravaged their own, and announced its intention to end protections for young undocumented immigrants known as “dreamers” effective beginning in March.

As with the dreamers, the administration has seized on a narrow, legalistic interpretation as a pretext for turning against immigrants who have lived in the United States for years. In the case of the Salvadorans, officials insisted that the humanitarian program that shielded them, known as Temporary Protected Status, should lapse because their country had surmounted the original calamity that triggered TPS in the first place. The argument was the same last year for ending TPS for immigrants from Haiti, knocked senseless by a 2010 earthquake, and those from Nicaragua, leveled by a hurricane in 1998.

The administration insists it is giving meaning to the “temporary” in Temporary Protected Status. That’s fine as theory; as a policy, it fails by ignoring reality. Both the George W. Bush and Obama administrations grasped that it was unwise, not to mention cruel, to impose additional burdens on already desperate neighbors. El Salvador — wracked by brutal gang warfare, one of the world’s highest murder rates and an anemic economy — has gross domestic product per capita one-seventh that of the United States. Deporting tens of thousands of Salvadorans, and, in the process, depriving their country of the remittances they send home, will only deepen that country’s unfolding disaster. How is that in the United States’ interest?

The fact is that the Salvadorans have nearly 200,000 children who are U.S. citizens, born in this country, with no knowledge of their parents’ homeland. Nearly a quarter of those who will lose their status have mortgages, many have businesses, and a large majority have been gainfully employed for many years, paying taxes and contributing to communities.

The costs of the administration’s policy are clear. But what has been gained?”

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In the end, “Gonzo” enforcement and policy making will cost the United States dearly in many, many ways. But, that’s what happens when folks elect an Administration made up of “unqualifieds” and a Congress controlled by a minority Party that doesn’t take seriously its responsibility to legislate or goven in the overall public interest.

The only real solution here is likely to be a longer term one at the ballot box.

PWS

01-10-18

CHRISTIE THOMPSON @ THE MARSHALL PROJECT: SESSIONS’S APPARENT ATTACK ON “ADMINISTRATIVE CLOSING” IN U.S. IMMIGRATION COURT COULD FURTHER SCREW UP ALREADY FAILING SYSTEM — It Wasn’t A Problem, But Is Likely To Become One By The Time He’s Finished By Stripping Judges Of Last Vestiges Of Independent Authority Over Their Mushrooming Dockets! – I’m Quoted In This Article!

https://www.themarshallproject.org/2018/01/09/the-doj-decision-that-could-mean-thousands-more-deportations

Christie writes

“Sessions considers tying the hands of immigration judges.

By CHRISTIE THOMPSON

Imagine you’re an immigration judge and someone is standing before you, facing deportation. You need to make a decision, but there are complications. Maybe the person is still waiting to hear about a visa application, or she seems too mentally incompetent to understand what is happening. One tool at your disposal is to “administratively close” the case. You haven’t granted the person legal status, but you’ve stopped deportation proceedings — possibly indefinitely.

Administrative closure sounds like one of the driest bureaucratic terms imaginable, but it has huge implications for immigrants and their families. Now, U.S. Attorney General Jeff Sessions, who oversees immigration judges, is considering limiting that power.

Sessions wrote in a recent brief that he would review judges’ authority to administratively close immigration cases, the latest in a series of Department of Justice memos and policies that could reshape immigration courts and make it even harder for people to remain in the U.S.

Administrative closure has been used frequently by judges to drop cases against people who aren’t a priority for deportation or who have other pending legal issues. Judges under the Obama administration used this option far more than previous judges, administratively closing 180,000 cases in four years. Critics say it operates as a kind of backdoor amnesty, particularly for people who don’t qualify for other kinds of relief under immigration law.

Closed cases are in a sort of limbo: the immigrant isn’t legally in the U. S., but the government isn’t pursuing deportation. Authorities can change their mind at any time. Under Obama, this usually happened only if the immigrant went on to commit a crime or if there was a development in his or her legal status. But the Trump Administration has already begun re-opening thousands of administratively closed cases. Immigration judges under Trump have also stopped closing cases for people who didn’t used to be an enforcement priority — such as parents of U.S. citizen children who had been in the country for a long time and had no criminal record.

Judges, attorneys and advocates say that ending administrative closure entirely could have a significant impact on individual cases and the immigration court system overall. Sessions could decide to reopen as many as 350,000 closed cases, which could flood a backlogged system that has 650,000 pending cases.

“If he brings them all back into court at once, that’s going to cripple the courts even further,” said Paul Wickham Schmidt, a former immigration judge and former head of the Board of Immigration Appeals. “They can’t do the cases they have now — why is he out there looking for more?”

There are groups of immigrants for whom administrative closure is particularly important. Someone being deported for a crime but still fighting the conviction may have his or her case closed while an appeal is pending. Judges may also stop removal proceedings for immigrants with serious mental health issues or intellectual disabilities if they are found to be incompetent to go through court hearings.

Many undocumented children also ask for administrative closure while they’re applying for juvenile protected status, a legal status that can take years to wind its way through state family court and U.S. Citizenship and Immigration Services. Without administrative closure, “those children could be deported while their application for a green card is pending with another immigration agency,” said Nicholas Phillips, an immigration attorney with Prisoners Legal Services of New York.

If administrative closure isn’t an option, judges have another option of issuing a continuance, which postpones the decision. However, that practice also recently came under fire from the attorney general. Sessions’ office recently criticized the increased use of continuances by immigration judges, saying they delayed the courts.

The Justice Department has made several decisions and proposals recently that would change how immigration judges do their job.

This fall, the department proposed setting case completion quotas for judges to try to speed up decision-making. It released a memo in December that reminding judges to act “impartially” when looking at cases involving children, despite their commonly sympathetic stories. DOJ also said judges should give asylum applications more careful scrutiny and be more reluctant to postpone a case.

Sessions’ announcement of the review came when he intervened in the immigration case of a minor who arrived from Guatemala in 2014. He has asked the Department of Homeland Security and other interested groups to submit briefs on the issue of administrative closure by a February deadline.”

************************************************************

There are an estimated 350,000 pending cases currently in “administratively closed” (“AC”) status! In my extensive experience at all levels of our immigration system, there are sound reasons supporting almost all of these ACs.

If Sessions, as expected by most advocates, reaches the rather absurd conclusion that notwithstanding over three decades of use by Administrations and Attorneys General of both parties, AC is somehow “illegal” or should be “withdrawn,” these cases likely would mindlessly be thrown back into the already overwhelmed U.S. Immigration Courts on top of the 660,000 already pending cases. Over a million pending cases! That has the potential to “implode” or “explode” or “sink” (choose your favorite verb) the Immigration Court system on the spot.

In reality, AC has been nothing but a godsend for overworked, over-stressed U.S. Immigration Judges and the immigration Court system. Rather than being forced to “docket babysit” cases that can better be resolved elsewhere in the system than in Immigration Court, or that under a proper use of resources and prosecutorial discretion by the DHS never should have been placed in Immigration Court in the first place, the Immigration Judges can “clear some of the deadwood” from their dockets and concentrate on the cases that actually need their limited time and attention. No, AC by itself can’t solve the chronic backlog and due process problems currently festering in the U.S. Immigration Courts. But, reducing the active docket by a whopping one-third without treading on anyone’s due process rights was certainly a step in the right direction!

The current backlog has been aggravated, if not actually largely created, by the practice of “Aimless Docket Reshuffling” (“ADR”) by politicos in the DOJ and the White House going back decades. As Administrations and AG’s change, and DHS Enforcement priorities change with them, cases that were once “priorities” are shuffled off to the end of the docket to make way for the new “enforcement priority of the moment.” Other times, Immigration Judges are shuffled or detailed to the new “priority dockets” and their now “non-priority regular cases” are arbitrarily reassigned to other judges (who already are carrying full dockets themselves). Many times, this means taking cases that are “ready for trial” and replacing them with cases that aren’t ready for trial because the respondent needs to find a lawyer, file applications, and prepare the case. Other times, when dockets are shifted around largely without meaningful participation by the Immigration Judges, the DHS files or EOIR “record files” are not available, thus causing further delays.

In that manner, cases are not completed on any regular, predictable schedule, “Individual Hearing” dates become “jokes,” and U.S. Immigration Judges lose both credibility and the last vestiges of independent control over their court dockets as politicos and bureaucrats who neither fully understand nor are properly part of the Immigration Court System screw things up time after time.

Sessions appears anxious to add to and further aggravate these problems, rather than addressing them ion a reasonable and systematic manner with participation of all parties who use and rely on the U.S. Immigration Courts for due process and justice. Shame on him and on our Congress for allowing this to happen!

As I’ve said over and over: It’s past time for Congress to create an independent U.S. Immigration Court system that would be free of these types of highly politicized and totally wasteful shenanigans!

Only an independent U.S. Immigration Court will provide the “level playing field” and truly impartial administration and adjudication necessary to bring these potentially “life or death” cases to conclusion in a manner that is both efficient and in full compliance with fundamental fairness and due process (and, consequently, will find a high degree of acceptance in the U.S. Courts of Appeals, rather than generating too many “returns for redos” as happens in the current “haste makes waste” environment at EOIR.)

PWS

01-10-18

BLOCKED: FEDERAL JUDGE SAYS TRUMP ADMINISTRATION VIOLATED LAW IN RESCINDING DACA –- ISSUES NATIONWIDE INJUNCTION — EXPECT APPEAL!

http://www.cnn.com/2018/01/09/politics/california-judge-daca-applications/index.html

Ariane de Vogue, Dan Berman and Madison Park report for CNN:

“(CNN)A federal judge in California late Tuesday temporarily blocked the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals program.

Judge William Alsup also said the administration must resume receiving DACA renewal applications.

But the ruling is limited — the administration does not need to process applications for those who have never before received DACA protections, he said.

After White House meeting, negotiations on DACA continue on the Hill

The Trump administration announced the move to draw down the program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation.

RELATED: What is DACA and why is it ending?

close dialog

The fate of DACA and the roughly 700,000 “Dreamers” is the subject of heated negotiations in Washington, where President Donald Trump, Republicans and Democrats are searching for a way to allow Dreamers to stay while also addressing border security concerns. It is not clear how the order will impact those talks.

The ruling came in a challenge to the Department of Homeland Security brought by the University of California and others.

In his 49-page ruling, Alsup said “plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious” and must be set aside under the federal Administrative Procedures Act.

The judge said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”

“Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States,” he wrote.

In response to the ruling, the Department of Justice questioned the legality of DACA, calling it “an unlawful circumvention of Congress.” DOJ spokesman Devin O’Malley said that DHS “acted within its lawful authority in deciding to wind down DACA in an orderly manner” and implied that the legal battles aren’t over yet.

“The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation,” O’Malley said.

‘A huge step in the right direction’

California’s Attorney General Xavier Becerra hailed the ruling as a “a huge step in the right direction” in a statement. A coalition of attorneys general, including Becerra had also filed suit against the federal government over ending DACA, maintaining that it would cause “irreparable harm to DACA recipients.”

In contrast, Mark Kirkorian, the executive director of Center for Immigration Studies, a think tank that advocates for lower immigration, described the ruling as “our lawless judiciary” in a tweet.

The plaintiff, the University of California said in a statement it was “pleased and encouraged” by the judge’s ruling, which would allow DACA recipients to stay in the US as the lawsuits make their way through the courts.

Immigration, Trump and you: 5 things happening now, and why they matter

“Unfortunately, even with this decision, fear and uncertainty persist for DACA recipients,” said Janet Napolitano, president of the UC school system and was the Secretary of Homeland Security in 2012 who established DACA.

While the ruling that orders DACA renewals is “a sigh of relief,” it’s a fleeting one, said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.

“It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people.”

Lawmakers are racing toward a January 19 deadline for government funding and a host of issues, including DACA are tied to the negotiations.

“Dreamers deserve permanence they can count on, not legal thrillers. Congress needs to bring that home,” tweeted Tumlin.

CNN’s Sonya Hamasaki, Emily Smith, David Shortell and Catherine Shoichet contributed to this report.”

***************************************

We now essentially have a conflict with a much earlier ruling from USDJ Hanen in Texas who found that a different, but related, Obama-era program called “DAPA” was illegal. That case was affirmed by the Fifth Circuit in a split opinion and went to the Supreme Court where an equally divided Court let the ruling below stand. So, unless new Justice Neil Gorsuch sides with the plaintiffs in this case, its likely to eventually be a loser (and a winner for the Administration) before the Supremes. Hopefully, Congress will resolve this in a way that ultimately makes further litigation unnecessary.

PWS

01-10-18

TRUMP’S MEETING WITH LEGISLATORS ON IMMIGRATION – LOTS OF TALK, MANY SOUND BITES, NO CLEAR “BOTTOM LINE!” — Including Reports From WashPost’s David Nakamura and CNN’s Tal Kopan!

https://www.washingtonpost.com/news/post-politics/wp/2018/01/09/trump-urges-congress-to-pass-bill-of-love-to-protect-dreamers-but-reiterates-demand-for-border-wall/?hpid=hp_rhp-top-table-main_trump-dreamers-2pm%3Ahomepage%2Fstory&utm_term=.873d6df1082a

David Nakamura reports for the Washington Post:

“President Trump met with a bipartisan group of Congress members at the White House on Tuesday in an effort to revive stalled talks over immigration, urging lawmakers to pass a “bill of love” to protect some undocumented immigrants from deportation.

Trump expressed confidence that a deal over the fate of the “dreamers” — immigrants who arrived in the country illegally as children — was within reach ahead of a March 5 deadline he set before work permits issued under an Obama-era program to nearly 700,000 begin to expire in mass. The president reiterated his demands for border wall funding and curbs to some legal immigration programs, but he said he would defer to lawmakers to hammer out the details and sign whatever bill they put in front of him.

“I really do believe Democrat and Republican, the people sitting in this room, really want to get something done,” Trump said.

“My position is going to be what the people in this room come up with,” he added. “I have a lot of respect for people on both sides. What I approve will be very much reliant on what people in this room come to me with. If they come to me with things I’m not in love with I’m going to do it.”

Lawmakers in both parties have said they are waiting for the Trump White House to specify its demands before the negotiations can move forward. Democrats and some moderate Republicans have resisted funding a border wall at a time when illegal immigration over the Mexico border is at record lows.

In an unusual meeting, Trump allowed reporters to remain in the Cabinet Room for more than 50 minutes as he and the Congress members laid out their bargaining positions. Trump challenged the group to “put country before party” to get a deal done.

“Lives are hanging in the balance. We’ve got the time to do it,” said Sen. Richard J. Durbin (D-Ill.), an original sponsor of legislation to legalize dreamers.

[‘A giant symbol’: In fight over Trump’s wall, Democrats who once supported a border barrier now oppose it]

During the meeting, Trump also addressed other news, saying he believed a presidential run by media mogul Oprah Winfrey would be fun, but predicting she would ultimately chose to forgo a White House bid despite some enthusiasm among Democrats after she gave a rousing speech at the Golden Globe awards this week.

“I don’t think she’s gonna run,” Trump said, responding to a question from a reporter. “I know her very well.”

Trump announced in September his plans to terminate the Deferred Action for Childhood Arrivals (DACA) program, but he gave lawmakers a six-month window to pass a legislative deal before the temporary work permits begin to expire at a rate of nearly 1,000 per day. (About 122 immigrants a day already are losing their work permits after failing to renew their applications last fall.)

But negotiators have been at an impasse over how to proceed. Democrats and some moderate Republicans are eying a Jan. 19 deadline for a must-pass government spending deal as leverage to get a deal done on DACA. But the talks are deadlocked over Trump’s demands for the wall and cuts to legal immigration, including ending a diversity visa lottery and ending what the president calls “chain migration,” the practice of Americans sponsoring extended family members for green cards.

Democrats have balked at accepting major new border security provisions, saying the administration’s call for $18 billion in funding for hundreds of miles of a border wall is costly and unnecessary at a time when illegal immigration levels have plummeted.

Lawmakers from both said expressed confidence that the meeting had been productive and said the group had succeeded in narrowing the framework for discussions — yet both sides defined that framework in different terms. Democrats suggested they were open to some border security enhancements, but they emphasized that they agreed with Trump that broader talks over additional changes to the immigration system must be done after a deal over the dreamers is completed.

But Republicans said they expect Democrats to address four areas — border security, the fate of the dreamers, the diversity visa lottery and curbs to “chain migration.”

During the talks in the Cabinet Room, Trump appeared at one point to agree with Sen. Dianne Feinstein, who said Democrats are seeking a “clean” DACA bill without additional border security provisions. House Majority Leaders Kevin McCarthy (R-Calif.) then interjected to insist that Republicans want security included.

“Mr. President, you need to be clear, though,” McCarthy said. When we talk about just DACA, we don’t want to be back here two years later. We have to have security.”

Trump responded: “I think that’s what she’s saying.”

Further confusing matters, Trump also said he hoped to pursue a “comprehensive” immigration bill after lawmakers strike a deal on the dreamers. Comprehensive bills, which would deal with work visas and other elements of the immigration system, failed on Capitol Hill during the tenures of both Barack Obama and George W. Bush.

Republican leaders of the House Judiciary and Homeland Security committees said they will introduce a bill Wednesday that will represent a purely Republican solution to the DACA dilemma, offering legal status to immigrants who had participated in the DACA program alongside a suite of measures that go well beyond the parameters of the bipartisan negotiations. Two Republicans familiar with the bill say it is expected to include several measures Democrats have roundly rejected, such as sanctions for “sanctuary cities” that do not cooperate with federal immigration enforcement agencies.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) said the bill would be a “good foundation” for the bipartisan talks and that more would have to be done after the initial deal is struck,

Trump indicated during the meeting that he would accept a border wall that includes elements of fencing and surveillance tools, such as aerial drones, in the place of a steel or concrete structure. Democrats said they were supportive of additional border security but declined to say whether they were open to supporting funding for a wall.

“That’s all part of the negotiations,” McCarthy said. “What today was about was bringing the narrowing of solving this problem and finding common ground.”

He said negotiators for both parties were scheduled to meet Wednesday to continue the talks.

Mike DeBonis contributed to this report.”

***************************************

And, here are the latest reports from Tal Kopan and her colleagues at CNN, who are on top of the DACA story.

Trump contradicts self repeatedly in immigration meeting

By Tal Kopan, CNN

President Donald Trump appeared to contradict himself multiple times in a meeting on immigration with a bipartisan group of lawmakers Tuesday — a reflection of growing frustration from Capitol Hill about the lack of direction from the White House on the issue.

The President at times suggested he would be looking to sign everything from a stand-alone fix for the Deferred Action for Childhood Arrivals program — set to expire in March — to comprehensive immigration reform, often appearing to being guided by lawmakers in the room to modify his positions.

The comments came during a nearly hour-long conversation between the roughly two dozen lawmakers, the President and White House staff that the press was allowed to record — a window into the difficult negotiations that still surround the issue of replacing DACA, which protected young undocumented immigrants who came to the US as children from deportation, and border security.

At the end of the session, Trump suggested that ultimately, he would sign whatever he was presented with.

More: http://www.cnn.com/2018/01/09/politics/donald-trump-immigration-contradictions/index.html

House conservatives prep own DACA bill

By Tal Kopan, CNN

A group of House conservatives are set to introduce their own proposal on immigration this week — a move that could seek to pull ongoing bipartisan negotiations to the right.

Reps. Bob Goodlatte and Raul Labrador said the bill was expected Wednesday — with Goodlatte telling President Donald Trump about the effort in a White House meeting with bipartisan lawmakers Tuesday and Labrador speaking with reporters earlier in the day.

The meeting with Trump was largely focused on resolving the Deferred Action for Childhood Arrivals policy, which Trump has opted to end but says he wants preserved legislatively in exchange for border security and immigration reforms.

According to a source familiar with the effort, the bill was discussed in Republican conference on Tuesday and will include virtually the entire wish-list of conservatives.

The bill comes from a handful of conservative Republican members from Speaker Paul Ryan’s immigration working group — though not some key moderate members of that group. The team had a meeting at the White House the Tuesday before Christmas, which included Reps. Mike McCaul, the House Homeland Security Committee chairman; Goodlatte, the House Judiciary Committee chairman; Labrador, the chairman of the immigration subcommittee on Judiciary; Martha McSally, the chairwoman of the border subcommittee on Homeland; and Mark Meadows, the conservative House Freedom Caucus chairman.

More: http://www.cnn.com/2018/01/09/politics/conservative-house-daca-bill-goodlatte-mccaul-labrador/index.html

And more on the overall meeting in our main piece:

http://www.cnn.com/2018/01/09/politics/white-house-congress-lawmakers-immigration-daca/index.html

***********************************************************

Got it? It’s all “clear as mud” to me!

Lots of talk; whether it results in action, TBD. Immigration does seem to be on the “front burner” these days.

PWS

01-09-18

CNN: CURRENT STATE OF DACA NEGOTIATIONS: “A MESS!”

http://www.cnn.com/2018/01/08/politics/daca-immigration-negotiations-latest/index.html

Lauren Fox, Phil Mattingly, & Tal Kopan report for CNN:

“(CNN)Republicans and Democrats will sit down with President Donald Trump in a bipartisan meeting Tuesday aimed at moving closer to protecting hundreds of thousands of immigrants from deportation, but a long-entrenched partisan divide over immigration policy and a looming budget deadline are threatening progress.

Republican and Democrats involved in negotiations over the must-pass January spending deal say that DACA — the Deferred Action for Childhood Arrivals program — has become the key to unlocking any funding agreement and some are frustrated with how negotiations are unfolding. Republicans charge that Democrats have all but halted talks on spending caps until there is a resolution on DACA, which gives undocumented immigrants who came to the country as children a chance to stay, work or study in the US without fear of deportation.
“Seems to me that Democrats are holding that deal hostage for a DACA negotiation and we are meeting at the White House tomorrow on a bipartisan basis with the President to see what that might look like,” said the Senate’s No. 2, Texas Republican John Cornyn. “But I think that’s going to make the January 19 date pretty hard to hit.”
“It’s a mess,” said one person directly involved in the negotiations.
A separate GOP aide said the broader environment for both parties simply “isn’t in a good place right now.”
Democrats argue the White House hasn’t been fully engaged to the degree it needs to be and say that a long and broad policy wish list released last week just further irritated Democrats working closely on the immigration compromise. One Democratic aide argued the White House’s list was “out of the realm of reality.”

Republicans can’t avoid Trump’s wall promises in DACA talks
“No wall,” said Democratic Sen. Kamala Harris of California. “Listen, I believe in border security. I think it’s very important that we have a secure border, but spending billions and billions of dollars on this wall because of a political promise and a campaign promise is ridiculous.”
What Tuesday’s meeting means
The meeting at the White House on Tuesday was expected to — at the very least — symbolize that Trump was growing more serious about finding a bipartisan resolution. But adding more tension to the anticipated meeting for Democrats is the fact the White House invited GOP lawmakers Democrats view as openly hostile to finding a consensus deal on DACA.
In the background, details are still being worked out on what a plan to help recipients of DACA would look like, and a bipartisan group of Senate lawmakers led by Democrat Dick Durbin of Illinois and Republican Lindsey Graham of South Carolina continues to negotiate.
However, the tensions that existed in December but had been overcome with a holiday deadline are playing out in real time now between the two parties.
“I think this is going to be the flexion point where we get some things done or we don’t,” Rep. Adam Kinzinger, a Republican from Illinois, said Monday afternoon on CNN.
On Capitol Hill, bipartisan talks have been ongoing for months and the group of senators led by Durbin and Graham acknowledge they need Trump to lay out clear priorities to move forward.
The thinking is that Trump — who secured the Republican Party’s nomination by promising mass deportations and a border wall — can offer political cover for Republicans who may be fearful of backing any immigration bill that is viewed as amnesty among their base. With Trump’s blessing, Republicans believe they can find a way to move ahead on DACA. Without it, the votes are compromised.
The bipartisan meeting at the White House on Tuesday comes after Trump met with Republicans last week at the White House and Sen. Jeff Flake of Arizona refused to attend, citing the lack of bipartisanship.
White House chief of staff John Kelly, formerly the secretary of homeland security, will also be in the bipartisan meeting Tuesday and has been leading outreach to lawmakers on Capitol Hill on the ongoing talks.
Also on the list Tuesday are a host of lawmakers who would be expected, including Durbin and Democratic Sen. Bob Menendez of New Jersey, a 2013 immigration reform veteran. But the list also includes red state Democrats like Sens. Heidi Heitkamp of North Dakota and Jon Tester of Montana, as well as Democratic Rep. Henry Cuellar of Texas, who frequently votes with Republicans on immigration and border issues — a sign that the White House is looking to pick off as many Democrats as it can even if it can’t work with the party’s key negotiators.

The key for some negotiators attending the meeting is to convince Trump to keep any deal on DACA narrow. The agreement that is taking shape in Durbin and Graham’s group would offer a path to citizenship to DACA eligible immigrants, would include money for border security, would address the “chain migration” — or family-based sponsorship options — of the covered population and would end the diversity lottery in favor of reallocating those visas somewhere else, possibly to include a fix for Temporary Protected Status.
Flake told CNN he’s prepared to tell Trump on Tuesday that this DACA deal cannot include a whole host of immigration policy changes but instead has to be narrowly focused if Republicans want to succeed.
“This is not a comprehensive reform bill,” Flake said. “We can’t do one before March.”
More than one group pushing immigration plans
In addition to the bipartisan working group, conservatives including Cornyn and Senate Judiciary Chairman Chuck Grassley of Iowa are having their own conversations, and Republican Sens. Thom Tillis of North Carolina and James Lankford of Oklahoma are also going to be at the White House on Tuesday.
In the House, multiple efforts are underway as well, many led by rank-and-file members. Republican Rep. Will Hurd of Texas and Democratic Rep. Pete Aguilar of California have released their own bipartisan framework for a deal after weeks of negotiations. Aguilar is the whip for the Congressional Hispanic Caucus. That deal focuses on DACA and border security, but the lawmakers hope additional measures could be added if necessary to finalize a deal.
The bipartisan Problem Solvers Caucus — including Republican Rep. Carlos Curbelo of Florida, a longtime DACA advocate — had also been working to reach a compromise that before the break was similar in concept to what the Senate group was working on.
And, as in the Senate, a group of more conservative Republican lawmakers are working on their own proposal, including House Homeland Security Chairman Mike McCaul of Texas and House Judiciary Chairman Bob Goodlatte of Virginia, which would be strongly to the right of most of the bipartisan compromises. Both men will also be at the White House on Tuesday.
CNN’s Ted Barrett and Dana Bash contributed to this report.“

***************************

Stay tuned!

PWS

01-09-17

EXCLUSIVE FROM TAL @ CNN: “Pair of lawmakers unveil bipartisan DACA plan!”

http://www.cnn.com/2018/01/08/politics/bipartisan-daca-compromise-plan-unveiled/index.html

The always amazing Tal Kopan at CNN files this exclusive report on a possible “Dreamer Breakthrough:”

“Exclusive: Pair of lawmakers unveil bipartisan DACA plan

By Tal Kopan, CNN

A bipartisan pair of House members have reached a compromise on Deferred Action for Childhood Arrivals and border security — a plan the two unlikely allies hope could provide a “foundation” for a deal President Donald Trump could sign into law.

Reps. Will Hurd, a Texas Republican, and Pete Aguilar, a California Democrat and whip for the Congressional Hispanic Caucus, have been quietly working for weeks to develop their legislation, which the two sophomore lawmakers are releasing as a discussion draft as talks heat up on DACA ahead of a government funding deadline January 19 being used as leverage in Congress. The hope is, they say, that putting out a bipartisan proposal could speed up talks about resolving the issue.

The plan aims to be “as narrow as possible,” Hurd told CNN in an exclusive joint interview with Aguilar on Sunday night about the proposal.

The legislation draws heavily from other proposed legislation, a conscious decision by the two congressmen to lean on language that has already been vetted by committees and lawmakers, they say.

At the core of the deal would be a legislative way to enact DACA, an Obama administration program that protected young undocumented immigrants who came to the US as children from deportation that Trump has decided to end.

The bill would offer qualifying individuals the ability to get in line for a green card and eventual citizenship after years of conditional residency, provided they meet certain requirements, including a background check and work, education or military service requirements. The bill doesn’t make explicit reference to sponsoring relatives, but the bill summary notes that existing law would prohibit parents of these individuals who came to the US illegally to return to their home country for at least 10 years before applying for a visa to come back, and the bill does nothing to erase that requirement. That addresses “chain migration,” or family-based migration, that Trump says he wants to cut.

Other provisions include increasing the number of immigration judges and attorneys, as the Justice Department has sought, to reduce the lengthy backlog of cases in immigration courts that cause people to stay in the US in limbo for years. The bill also coordinates efforts to improve conditions in Central America, to address factors that send undocumented immigrants to the US.

For the border, the bill draws heavily from Hurd’s “smart wall” bill that would direct the Department of Homeland Security to gain “operational control” of the border by the end of 2020 through “technology, physical barriers, levees, tools and other devices,” according to a bill summary shared with CNN.

Both lawmakers said they hope the deal can provide a basis for Congress to resolve the DACA issue, which Trump has said he wants replaced but only if paired with his border wall and some other immigration fixes.

Leadership has not officially blessed Hurd and Aguilar’s work, but party leaders on both sides, including the White House, have been looped in on its development, the lawmakers said.

“This is a DACA and border security fix,” Hurd said. “And if there’s other elements that have to be included in a broader deal to get signed into law, this is a foundation for that conversation.”

Aguilar said he has been whipping “in the weeds” on the issue, and Hurd has been working on his side of the aisle. Neither gave numbers of supporters, though Hurd estimated “dozens of Republicans” could back it.

“This is the building block that would have bipartisan support if it was on the floor tomorrow,” Aguilar added. “I feel confident about that. I feel the same as Will, if there are other pieces that have to come to get a signature, we’ll take a look.”

Unlikely allies

Both lawmakers were elected in 2014, both defeating incumbent congressmen of the opposite party, and both defended their seats in rematch challenges in 2016.

The partnership evolved out of Congressional Hispanic Caucus efforts to engage Republicans and see what they could support, Aguilar said. He even checked with his colleague Democrat Beto O’Rourke, whose district neighbors Hurd’s and who did a 24-hour livestreamed road trip with him to DC. O’Rourke affirmed that Hurd could be trusted, Aguilar said.

Both noted that they were not in Congress for previous immigration reform battles, unlike some of their counterparts in the Senate and broader House negotiations, something they see as an advantage.

“I think it grew out of two folks that, we don’t have all the wounds from all the other in-fights over these topics,” Hurd said.

“We’re having really substantive discussions in a way that some of our colleagues can’t because they’re trying to fight the battles from 10 and 15 and 20 years ago, or because this isn’t something that they work with or see a lot,” Aguilar added.

Aguilar represents the whip operation of the Hispanic caucus, which has been one of the leading voices on the left and closely listened to by Democratic leadership in negotiating a deal.

Hurd’s district in Texas contains the most border of any lawmaker in Congress, from the outer ring of El Paso on the western edge of Texas to the region due south of San Antonio in the middle of the state. It includes more than 800 miles of border with Mexico, which is more than one-third of the entire US-Mexico border. It’s also a district Hillary Clinton won in the last election and has a heavy Hispanic population.

That combination of knowledge, the duo says, was key.

“From my perspective, he has the most knowledge of issues that are going on in a border district than any member I’ve worked with or talked to, period, irrespective of party affiliation,” Aguilar said.

“This is about solving the problem, and the only way you solve the problem is to do it with people that have the respect of their colleagues and knowledge of the problem, and that is Pete Aguilar,” Hurd said.”

**********************************************

Sounds like a plausible deal that “finesses” some of the longer term immigration policy questions. Thanks to Tal for passing this on.

PWS

01-08-18

THE GIBSON REPORT — 01-08-18

THE GIBSON REPORT 01-08-18

HEADLINES:

“TOP UPDATES

Sessions takes aim at administrative closure

o   ABC: Sessions posed detailed questions challenging the use of “administrative closures,” an increasingly common outcome that allows people to stay in the country without legal status. The attorney general invited feedback from advocates and others, after which time he may issue new instructions for immigration judges nationwide.

o   Matter of CASTRO-TUM, 27 I&N Dec. 187 (A.G. 2018): The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively close immigration proceedings, ordering that the case be stayed during the pendency of his review.

Acting ICE Director Wants to Arrest Politicians Running Sanctuary Cities

NYMag: In an interview Tuesday with Fox News Channel’s Neil Cavuto, Homan said political leaders in sanctuary cities, which don’t cooperate with ICE officials looking to make immigration arrests, are breaking the law when they “knowingly shield and harbor an illegal alien.” “That is a violation of 8 USC 1324. That’s an alien-smuggling statute. I’ve asked the Department of Justice to look at this,” he said.

OCC Trying to De-designate UACs?

Catholic Charities: Before IJ Kolbe: It was business as usual until a case that involved a UAC, 13 years old, present with step-father, after counsel stated they were pursuing Asylum, DHS handed her a letter stating that they’re giving her a letter de-designating her client. It all happened very fast, and it was unexpected. Kolbe did look surprise and stated that counsel could still send her application to USCIS and keep her up-to-date with the outcome. My question is, has anyone else had this letter handed out to them? If so, can you share the letter so we can see what exact language DHS is using and prepare rebuttals?

ICE sending G-56 call-in letter after attempted raid

IDP: We just got a call from an individual who was deported (to the wrong country) in 2007, he then reentered in 2008. He was recently arrested on a criminal case in Rockland County, NY. About 3 weeks ago — shortly after one of his criminal court dates –, 9 agents, a mix of ICE and the local gang unit of the sheriff’s department, raided his home early in the morning. He was at work and after waking up his sleeping children and speaking everyone in the home, the agents left without arresting anyone. A few days later, this individual received [a] G-56 letter from ICE in the mail, telling him to report to ERO at 201 Varick Street this Tuesday for “Case Review”, with his immigration documents and valid passport, which seems like a less resource-intensive tactic of ICE to take him into custody to re-deport him.

Trump Justice Department Pushes for Citizenship Question on Census, Alarming Experts

ProPublica: The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.

Fewer family visas approved as Trump toughens vetting of immigrants: Reuters review

Reuters: The number of approvals dropped by nearly a quarter in the first nine months of 2017 to around 406,000 compared to the same period a year earlier when approvals were more than 530,000, despite a similar number of applications during both periods, USCIS data showed.

Immigration Clinic Represents Somali nationals in Class Action Lawsuit

ImmProf: The hearing will address whether the court has jurisdiction to consider the petitioners’ claim that they are entitled to a stay of removal while they seek reopening of their removal orders.

Motel 6 Gave Guest Information To ICE Agents, Lawsuit Says

NPR: Washington Attorney General Bob Ferguson sued Motel 6 on Wednesday, alleging motel employees gave private information about thousands of guests to U.S. immigration authorities.

More workers say their bosses are threatening to have them deported

LA Times: Complaints over immigration-related retaliation threats surged last year in California, according to the Labor Commissioner’s Office. Through Dec. 22, workers had filed 94 immigration-related retaliation claims with the office, up from 20 in all of 2016 and only seven a year earlier.

US Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers

AILA: The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.

Trump, lawmakers step up talks on immigrant ‘Dreamers’

Reuters: Urgent negotiations aimed at shielding young, undocumented immigrants from deportation intensified on Thursday as Republican U.S. senators emerged from a meeting with President Donald Trump expressing confidence a deal could be struck this month.

IJ Lamb’s Retirement

Empire Justice Center: Update 1/8/18: I spoke with IJ Lamb’s legal assistant this morning and she informed me that my individual scheduled for tomorrow was adjourned and all her hearings will be reassigned to a new judge.

ACTIONS

o   AILA: Call for Examples: Compelling Family Immigration Stories”

***********************************************

PWS

01-08-18

THE HILL: NOLAN SAYS THAT ANY DREAMER LEGISLATION MUST BE “FULLY VETTED!”

http://thehill.com/opinion/immigration/367744-democrats-out-of-order-on-dream-act?rnd=1515255525

Nolan writes (in part):

“. . . .

If the DREAM Act is passed without going through the checks and balances that are provided by regular order, it will represent little more than the partisan views of those who wrote it.

. . . .

It seems somewhat hypocritical for Schumer and Pelosi to be urging the passage of a DREAM Act without going through the regular order: They have expressed outrage in the past when the Republicans have resorted to such tactics.

For instance, when Republicans tried to rush the Graham-Cassidy healthcare bill through the Senate to repeal the Affordable Care Actwithout going through the regular order, Schumer made the following statement on the floor of the Senate:

There is no regular order here. There are no bipartisan, public hearings on the Graham-Cassidy bill. … [I]t’s the same backroom, one-party sham of a legislative process that ultimately brought the other bill down. A contrived, 11th hour hearing on block grants in the Homeland Security Committee — a committee with such limited jurisdiction over healthcare matters — does not even come close to suggesting regular order.

And when House Speaker Paul Ryan (R-Wis.) abandoned the pledge he had made to return to regular order, Pelosi responded with an angry press statement claiming that, “It has long been clear that regular order is not as important to republicans as protecting their special interest agenda.”

The nonpartisan Congressional Budget Office estimates the DREAM Act would make legal status available to 3.4 million undocumented aliens and would increase national budget deficits by $25.9 billion over the 2018-2027 period.

The Immigration Reform and Control Act of 1986 established the largest legalization program we have ever had, and it only legalized 2.7 million aliens.

The extreme generosity of the DREAM Act of 2017 is unfair to the American citizens and Lawful Permanent Residents who have unconscionably long waits to be reunited with alien family members. As of November 2017, there were 4 million aliens with approved family-based visa petitions on the visa waiting list.

. . . .

Congress needs to pass a bill to help alien children who were brought here illegally by their parents, but it should be a bill that has gone through the checks and balances of the legislative process.”

*****************************************

Go on over to The Hill at the link to get the full detail about Nolan’s objections to the current draft of the “Dream Act.”

The parallel between “Graham-Cassidy,” which was in fact a GOP backroom effort that totally excluded Dems from the process, and the Dream Act appears strained. Nonpartisan Dream Act negotiations are currently going on and have been for some time. Indeed, since the Dems are in the minority in both Houses, they will need some bipartisan GOP support to pass Dreamer relief. Moreover, unlike Graham-Cassidy, various versions of the Dream Act have been around and debated for years. Indeed, various bills at one time had majority support in both Houses, but GOP restrictionist maneuvering blocked them from becoming law.

The Dems had to face down some “rebellions’ from their base for going back on their word and voting to temporarily fund the USG over the Holidays. I don’t see how they can “kick the can” on the Dreamers down the road any more without some serious backlash from their own base. That’s particularly true now that the unnecessary and unwise termination of TPS for El Salvador has sowed yet more fear and unease in the immigrant and Hispanic communities.

As I’ve pointed out before, because of the “Bakuninist Wing” of the GOP, Trump isn’t going to get any type of budget without some Democratic support. Once he gets a budget, that need for “bipartisanship” might well disappear overnight. So, now is the time for the Dems to use their “leverage.”

As other commentators have noted, at one time additional border fencing was basically a “nonpartisan no-brainer.” But, by turning “The Wall” into a White Nationalist racist anti-Hispanic symbol, Trump basically has “poisoned the well” for the Democrats. Nevertheless, there might be room for some additional fencing that the Dems could characterize as “less than The Wall” while Trump could claim victory to his base. The Dems also could give on border equipment and technology as well as more administrative and legal personnel for DHS. Beyond that, the pickings are slim.

But, the GOP leaders and Trump don’t have lots of options either. They will be hard pressed to come up with a budget that satisfies Trump while still gaining sufficient support from the Bakuninists. Then, there is the problem that the budget apparently will require 60 votes in the Senate. That means that the GOP has to do at least something akin to a bipartisan deal. I’ve certainly been wrong before, but I don’t see Nolan’s idea as something the Dems can buy at this time.

I have no problem with also giving relief to family members waiting in line to immigrate. It’s not a “zero sum game” as the restrictions try to portray it. We could clearly take in more legal immigrants now and in the future; clearly we should have been doing so in the past, in which case we wouldn’t have approximately 10 million productive residents living here without legal status. But, that probably will have to await some type of overall Immigration Reform that’s unlikely to be accomplished as long as guys like Jeff Sessions, Steven Miller, and Sen. Tom Cotton are “driving the train” for the GOP on immigration.

So, stay tuned, we’ll see how this all plays out.

PWS 01-08-18

RIGHT ON: PLEASE, NO MORE UNNEEDED (& LIKELY UNQUALIFIED) IMMIGRATION ENFORCEMENT AGENTS!

http://enewspaper.latimes.com/infinity/article_popover_share.aspx?guid=3a949d5d-7e98-4470-b733-ea9a25c5a389

From today’s LA Times Op-Ed:

“By Christine Stenglein and John Hudak
Customs and Border Protection last year awarded a $297-million contract for assistance in recruiting and hiring the 5,000 border patrol agents President Trump believes we need to combat “the recent surge of illegal immigration at the southern border with Mexico.”

Those bold numbers may please the Make America Great Again crowd, but it will be exceedingly difficult to find qualified agents, or to deploy them effectively since the border is actually quieter than ever.

Under the Clinton administration, it took 27 applicants to yield one Border Patrol officer. And the hiring ratio has gotten worse. In spring last year, when Customs and Border Protection requested bids for private contractors to help fulfill Trump’s order, it wrote that it now takes 133 applicants to hire one full-time employee.

A private contractor may improve on those figures by designing a new recruitment strategy and implementing it in labor markets that Customs and Border Protection hasn’t previously tapped. The contractor may not repeat the agency’s past mistakes, like spending millions on polygraph tests for applicants who have already admitted to disqualifying offenses like human trafficking. Still, it’s a tough task. The contractor needs to find men and women who will be willing to work in remote areas, can pass the physical fitness requirements and haven’t touched marijuana in at least two years.

But let’s imagine that Customs and Border Protection succeeds in hiring, training and equipping all 5,000 new officers and manages to hang on to the roughly 20,000 agents it already has (which hasn’t been easy up to this point). Are they as urgently needed as the executive order would have us believe? The best evidence available tells us the answer is “absolutely not.”

In 2017, the number of people apprehended at the border fell 26% compared with the previous year, and the totals haven’t been this low since the Nixon administration. The “recent surge of illegal immigration at the southern border with Mexico,” the president’s basis for his border security push, likely reflects only a temporary rise in apprehensions from 2015 to 2016. If you zoom out, that’s a blip in a long, downward trend, from more than 111,000 apprehensions in 2004 to fewer than 30,000 last year.

Besides, Customs and Border Protection itself doesn’t even seem to know where it would be optimal to deploy additional personnel or whether they’re needed at all. According to a special report from the Department of Homeland Security Office of the Inspector General, “Neither CBP nor ICE could provide complete data to support the operational need or deployment strategies for the additional … agents and officers they were directed to hire.”

A suddenly larger law enforcement agency, with numerous new recruits and without a clear deployment strategy, isn’t just a financial liability, but a safety risk.

Another Homeland Security Inspector General report found numerous problems with DHS agencies keeping track of and securing their equipment. Customs and Border Protection, for instance, did not have an accurate firearm inventory and one agent left his gun in a backpack at a gym, where it was stolen.

Adding an enormous number of employees to an agency that faces administrative dysfunction and has no coherent plan to detail new agents will create a scenario in which costs will be high and benefits may be quite low.

There’s negligence and inefficiency, and then there’s actual malfeasance. In the spring of 2016, around the time Trump was starting to make inflammatory speeches about immigrants, the Homeland Security Advisory Council cautioned that Customs and Border Protection’s disciplinary process was “broken.” It urged the agency to hire an adequate number of internal investigators and described serious dysfunction in the handling of complaints and disciplinary cases.

For major areas of concern like domestic violence and alcohol abuse, it found that the agency lagged behind standard law enforcement practices. A host of harmful activities, from bribery to alleged sexual assault, have come to light and caused problems for Customs and Border Protection in the past.

The risk is that Trump’s hiring surge at the border will please his base, while accomplishing little and increasing the possibility of policy failure.

Christine Stenglein is a research assistant at the Brookings Institution. John Hudak is a senior fellow in governance studies at Brookings.”

*********************************

Meanwhile, Head ICEman Tom Homan would like more agents so he could violate the Constitution by arresting and prosecuting local officials who refuse to take part in ICE’s “Gonzo” Immigration Enforcement program. That’s even though to date Federal Courts have unanimously found sanctions on states and localities for refusing to act as ICE enforcement agents unconstitutional.

DHS (much like the US Immigration Courts) is an administrative mess! DHS should be required to account for both their current use of enforcement personnel (including filling all current vacancies with qualified agents) and plans for future deployment before any additional enforcement agents are authorized.

As I have suggested, under the Trump Administration, DHS is being turned into an “internal security police force.” Today, they are treading on the rights of migrants, Latinos, and their supporters. Tomorrow, it could be YOUR rights at stake.

Tell your legislators NO ADDITIONAL DHS ENFORCEMENT AGENTS!

PWS

01-08-18

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